SUPREME & CO. PVT. LTD., ,KOLKATA vs. DCIT, CIRCLE - 1(1), KOLKATA
What did the Tribunal hold?
The Tribunal directed the Assessing Officer to verify if the employer's contribution was deposited before the due date of filing the return and allow it if so. However, the disallowance for delayed deposit of employees' contribution was upheld in light of the Supreme Court's decision in Checkmate Services Pvt. Ltd.
What were the facts?
The assessee appealed against the disallowance of Rs. 85,23,450/- made by the Assessing Officer for delayed deposit of PF and ESI. The assessee contended that the employer's contribution was deposited before the due date of filing the return and should be allowed as a deduction.
What were the issues?
The primary issue was whether the disallowance of delayed deposits of PF and ESI was justified, particularly concerning the employer's contribution versus the employees' contribution.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
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- Checkmate Services Pvt. Ltd. v. CIT1,392 citing143 Taxmann.com 178 · 2022 · SC · Read judgment
Income Tax Appellate Tribunal, “B” BENCH KOLKATA
Before: Shri Sanjay Garg & Shri Sanjay Awasthi
order : June 24, 2024 आदेश / ORDER संजय गग�, �या�यक सद�य �वारा / Per Sanjay Garg, Judicial Member: The present appeal has been preferred by the assessee against the order dated 02.02.2024 of the National Faceless Appeal Centre [hereinafter referred to as ‘CIT(A)’] passed u/s 250 of the Income Tax Act (hereinafter referred to as the ‘Act’). 2. The assessee in this appeal has taken the following grounds of appeal: “1. For that the Ld. CIT(Appeal) erred in making disallowance of Rs.85,23,450/- u/s 36(1)(va) in respect of delayed deposits of PF.
2. For that the Ld. CIT(Appeal) ought not to have made any disallowance in respect of delayed deposit of PF the same having been deposited before the due date of furnishing of the return of income.
3. For that the disallowance of Rs.85,23,450/- u/s 36(1)(va) in respect of delayed deposit of PF was wrong and uncalled for.
4. CIT(A) has upheld the disallowance of A.O.”
Assessment Year: 2021-22 Supreme & Co. Pvt. Ltd.
More judgments on Section 36(1)(va)
- Vco Consulatatns and Sevices Private… vs ITO, Corporate Ward 3(3), ChennaiITA 2145/CHNY/2025[2019-20]Status: Disposed16 Oct 2026AY 2019-20
- R K Swamy Limited, Chennai vs DCIT Non Corporate Circle 10(1), ChennaiITA 504/CHNY/2026[2018-19]Status: Disposed14 Oct 2026AY 2018-19
- M/S. R.K. Swamy Ltd., Chennai vs DCIT, Ncc-10(1), ChennaiITA 2822/CHNY/2025[2020-21]Status: Disposed14 Oct 2026AY 2020-21
- Rajesh Maru, Mhow vs ITO-5(1), IndoreITA 839/IND/2025[2023-2024]Status: Disposed12 Oct 2026AY 2023-2024
- Rajesh Maru, Mhow vs ITO-5(1), IndoreITA 838/IND/2025[2022-2023]Status: Disposed12 Oct 2026AY 2022-2023
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